Archbishop bids to recover €1.5m

THE Archbishop of Dublin has secured summary judgment for €1.5 million against a Dublin solicitor who admitted misappropriation of the amount after it was bequeathed to the church for charitable purposes.

In granting judgment to Dr Martin at the Commercial Court yesterday against Ruairi O’ Ceallaigh, Mr Justice Peter Kelly said the case involved “unalloyed dishonesty of an unattractive type”.

The court heard Dr Martin had received €155,000 from the estate of the late Donal O’ Suilleabhain of the firm Sean O’ Ceallaigh & Co Solicitors but only realised a further €1.5m was due to the church after media reports last August of Law Society proceedings against the firm.

The money due was misappropriated by Ruairi O’ Ceallaigh, a partner in the firm said to have a gambling problem, and used by him to buy and refurbish properties at Grand Canal Street and Cabra Park, Dublin, the court heard.

As various financial institutions have claims over those properties, there is an issue about the ranking of the Archbishop’s claim to those properties and his capacity to recover the sums due, Declan McGrath for Dr Martin said.

In those circumstances, it might be “a futile exercise” to pursue claims the properties were held on constructive trust for the Archbishop, counsel added.

The late Mr O’Suilleabhain was “clearly a charitable man very much attached to his church” and this was a case of “unalloyed dishonesty of an unattractive type” particularly as the monies were intended for charitable purposes and the matter involved solicitors in a position of trust and with duties under law, Mr Justice Kelly said.

Dr Martin has brought proceedings against Cormac O’ Ceallaigh, Ballyteige House, Rathdrum, Co Wicklow, and Ruairi O’ Ceallaigh, Grand Canal Street, Dublin, — formerly practising as Sean O’ Ceallaigh & Co Solicitors, Phibsboro, Dublin — arising from the misappropriation.

Mr McGrath said there was no allegation Cormac O’ Ceallaigh was involved in the misappropriation. Cormac O’Ceallaigh was being sued as a partner in the firm and it was contended he had a liability to Archbishop Martin, as a client, for the wrongful actions of his partner, counsel said.

Last night, the Dublin Archdiocese issued a statement saying the judgment does not mean that the Archdiocese or the Archbishop of Dublin has received €1.5m.

“The judgment is the first step in a legal process to try and recover monies due. As legal proceedings are ongoing the Archdiocese will not be issuing any statements on the matter,” it said.